CAVC Case 17-0010: Back
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2016-09-07 · MEREDITH, Judge
This is a decision of the U.S. Court of Appeals for Veterans Claims — the federal court that reviews Board of Veterans' Appeals decisions, one level above the Board. Court decisions can vacate, reverse, or affirm what the Board did.
Official 2026 VA monthly compensation, including the 2.8% COLA increase.
Dependent add-ons start at a 30% rating. Child-only and dependent-parent rates: see the full 2026 pay chart.
2026 base rates, all ratings (veteran alone)
| Rating | Monthly (2026, incl. 2.8% COLA) |
|---|---|
| 10% | $180.42 |
| 20% | $356.66 |
| 30% | $552.47 |
| 40% | $795.84 |
| 50% | $1,132.90 |
| 60% | $1,435.02 |
| 70% | $1,808.45 |
| 80% | $2,102.15 |
| 90% | $2,362.30 |
| 100% | $3,938.58 |
Conditions Claimed
Referral disclosure: VetAid earns a referral fee if you become a paying REE Medical client through this link — it helps keep this site free. REE Medical provides paid medical evidence; it is not a law firm, VSO, or claims agent, and VetAid has not independently verified its services. VSOs and VA-accredited representatives will help you file your claim at no cost, and no one can guarantee a rating increase.
Issues on Appeal
Back ConditionService ConnectionKnee Condition
Why It Was Decided This Way
The examiner determined that the lumbar strain and left 2 knee strain were at least as likely as not related to service,but found that the degenerative disc disease of the lumbar spine and the degenerative joint disease of the left knee were [n]ot caused by or related to the lumbar strain or left knee strain,respectively,or service.
The Board conceded that the appellant injured his back in service,but concluded that his current back disability is not related to that injury.
In reaching this conclusion,the Board determined that the July 2010 VA medical examination was more probative than the private medical evidence the appellant submitted.
Next, the Board determined that the only competent and probative evidence of record regarding the relationship,if any,of the appellant's left knee disability to service is the July 2010 VA examination report.
The Board found that examination report highly probative and therefore denied the appellant's claim.
Degenerative joint disease,from which the Board found the appellant suffers,is included in 3.
Establishing that a disability is service connected for purposes of entitlement to VA disability compensation generally requires medical or,in certain circumstances,lay evidence of (1)a current disability,(2)incurrence or aggravation of a disease or injury in service,and (3)a nexus between the claimed in-service injury or disease and the current disability.
309(a),service connection may also be established by showing continuity of symptoms, which requires a claimant to demonstrate (1)a condition noted during service;(2)evidence of postservice continuity of the same symptoms; and (3)medical or,in certain circumstances,lay evidence of a nexus between the present disability and the postservice symptoms.
Authorities Cited
Denial Type
Credibility|No Nexus|Preponderance Against|Inadequate Exam
Find Similar Decisions for Your Claim
VetAid's analyzer maps your claim against thousands of real Board of Veterans' Appeals decisions like this one — surfacing the exact case law that supports your arguments.
Run my claim through VetAid →